Law:

Section:

Police Rules, 1934-- ---Rr.13.2 & 16.33--Punjab Service Tribunals Act (IX of 1974), S.4-­Promotion of Police Officers to List-F of Sub-Inspectors--Consideration for List F--Employee, considered alongwith his batchmate but not recommended because of non-availability of his A.C.R. but other recommended--Employee subsequently involved in a criminal case but ultimately acquitted and promoted subsequently--Claim of employee for retrospective promotion from date of promotion of his juniors--Held: Without rectification of hardship, employee would remain junior to his juniors without any fault on his part and it was required in interest of justice that he should be considered for promotion from date of promotion of his two batch mates--Tribunal recommending appellant to be considered accordingly by competent authority. Masud Ahmad Riaz for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT MIAN FAIZ KARIM (MEMBER).--The appellant Manzoor Ahmad. Inspector of Police has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, for fixation of seniority. The appellant has impleaded M/S Aswar Ali Shah and Bashir Ahmad, Inspectors of Police as contesting respondents and the Inspector-General of Police, Punjab, Lahore as respondent. 2. Through his appeal the appellant has prayed that the appellant should be shown senior to contesting respondents Aswar Ali and Bashir Ahmad w.e.f. 11-11-1976 by amending the List-F. 3. Brief facts of the case are that the appellant Manzoor Ahmad joined the Police Department as an ASI on 3-9-66. Subsequently he was promoted to the rank of S.I. w.e.f. 24-7-1971. Then in the year 1976 while the D.I.-G. Police was to consider the names for recommendation to List 'F', the appellant's name could not be considered and recommended because his A.C.R. for the year 1974 was not available on the record at the time of consideration. However, the names of the batchmates (Contesting Respondents Nos.l & 2) of the appellant were recommended who were admitted to List 'F'. According to the version of the appellant even after required A.C.R. of 1974 was made available his name could not be considered because while the…

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